Information on Trump’s Order to Suspend Immigration

By Jamie Gorton

The attorneys at Gorton Law LLC have reviewed Executive Order called “Suspension of Entry of Immigrants . . . Following the 2019 Novel Coronavirus Outbreak.” We would like our clients and members of the public to understand the following:

1. The order does not apply to noncitizens who are already in the United States.

2. The order does not apply to noncitizens who have green cards.

3. The order does not apply to minor children or spouses of U.S. Citizens.

4. The order only applies to “immigrants,” meaning people who are coming to the United States to live permanently and receive a green card upon their entry.

5. Non-immigrants are spared for 30 days, although it seems likely that additional restrictions to non-immigrants, especially non-immigrant workers, will come later.

It is very unclear as to how these restrictions will affect real-world conditions. The State Department has already suspended visa issuances around the world, and it is possible that routine visa issuance will still be suspended at the end of the 60 days.

Gorton Law LLC has serious concerns that this order will be extended under the flawed premise that restricting immigration will help fix the economic crisis that was caused by the Trump Administration’s failed handling of the coronavirus outbreak in the United States. Economic experts, and common sense, teach us that the economy does better for everyone when immigrants grow the economic pie. However, because the restriction is so temporary in nature (60 days), it is likely that this order will expire (or be extended) before the federal courts can evaluate the legality of this order.

Other notable exceptions to the executive order include:

  • Individuals currently outside the United States with travel documents (such as advance parole)
  • Investors (EB-5)
  • Medical workers and their families
  • Other individuals handpicked by the Department of Homeland Security such as Iraqi and Afghan interpreters or other individuals in the “national interest.”

Individuals who are subject to the Executive Order (parents of U.S. Citizens, adult children of U.S. Citizens, relatives of Permanent Residents, employment-based immigrants, and Diversity Visa winners) should not make travel plans to the United States until consulates resume issuing visas and more clarity surrounding the Executive Order can be had. The immigration attorneys at Gorton Law LLC will continue to monitor the changing legal landscape for our clients and for members of the public.

The pandemic and its effects on the legal system are developing rapidly, but we are here for you during this challenging time. Contact us online or give us a call at (617) 902-0100 today!

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